Print View

The Prisoners Act, 1900

( ACT NO. III OF 1900 )

References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.
14. In this Part all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein.
Power for officers in charge of prisons to give effect to sentences of certain courts.
15.(1) Officers in charge of prisons may give effect to any sentence or order or warrant for the detention of any person passed or issued
(a) by any Court or tribunal acting 1[* * *] under the general or special authority of the Government, 2[or of any court or tribunal which was before the
twenty-sixth day of March, 1971, acting under the general or special authority of any Government that functioned within the territories now comprised in Bangladesh].
3[* * *]
4[* * *]
Warrant of officer of such Court to be sufficient authority
16. A warrant under the official signature of an officer of such Court or tribunal as is referred to in section 15 shall be sufficient authority for holding any person in confinement, or for sending any person for transportation, in pursuance of the sentence passed upon him.
Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part.
17.(1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the Government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.
Execution in Bangladesh, etc., of certain capital sentences not ordinarily executable there.
18.(1) Where a court established by the authority of the Government exercising, in or with respect to territory beyond the limits of Bangladesh jurisdiction which the Government has in such territory,
(a) has sentenced any person to death, and,
(b) being of opinion that such sentence should, by reason of there being in such territory no secure place for the confinement of such person or no suitable appliances for his execution in a decent and humane manner, be executed in Bangladesh has issued its warrant for the execution of such sentence to the officer in charge of a prison in Bangladesh,
such officer shall, on receipt of the warrant, cause the execution to be carried out at such place as may be prescribed therein in the same manner and subject to the same conditions in all respects as if it were a warrant duly issued under the provisions of section 381 of the Code of Criminal Procedure, 1898.
(2) The prisons of which the officers in charge are to execute sentences under any such warrants as aforesaid shall 5[* * *] be such as the Government may, by general or special order, direct.
(3) A Court shall be deemed, for the purposes of this section, to be a court established by the Government if the presiding Judge, or if the Court consist of two or more Judges, at least one of the Judges, is an officer of the Government authorized to act as such Judge by 6[* * *] the Government:
Provided that every warrant issued under this sub-section by any such tribunal shall, if the tribunal consists of more than one Judge, be signed by a Judge who is an officer of the Government authorize as aforesaid.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs